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San Diego Personal Injury Law Blog

A look at pedestrian accidents in San Diego

The temperature climate of San Diego County allows residents to enjoy many outdoor activities year round. With the onset of spring upon us, an even greater number of people will be outside soon walking, jogging and more. As this happens, the dangers to pedestrians become more apparent. People can be involved in a pedestrian accident in a variety of situations including in a parking lot, in a crosswalk or other part of an intersection and on a sidewalk.

The Centers for Disease Control and Prevention website note that people 65 and over represented 19 percent of pedestrian fatalities and 11 percent of injuries sustained in a pedestrian accident in 2010. In another 20 percent of fatal pedestrian accidents, victims were children from five to nine years old. In all, close to 40 percent of the people who died in a fatal pedestrian accident across the country in 2010 were in those two age brackets.

What is considered a vicious dog California?

A dog may commonly be referred to as man’s best friend, but unfortunately there are times when this best friend can cause injury to others and even pose serious liability issues for dog owners. San Diego residents should be aware of the state’s laws governing dog bites and learn when they should seek legal help.

The Animal Legal and Historical Center website outlines some of the parameters that California law follows when determining the level of danger posed by a certain dog. The severity of any injury caused or alleged is one of the factors used in this determination. An injury that results from a dog attack can be deemed to be severe if victims experience any of the following:

  • Cuts that cause disfiguration such as scarring.
  • The need for more than one suture.
  • Tearing of the muscle tissue.
  • Required cosmetic or reconstructive surgery.

Will California’s medical malpractice damage cap be overturned?

San Diego County residents who suffer injuries due to the negligence of medical providers in any fashion deserve the right to seek compensation. The law does allow for this regardless of the nature of the medical mistake. Failure to diagnose an illness, an error during a surgery or any action which can be classified as the failure to provide an acknowledged reasonable standard of care are all causes for a medical malpractice claim.

California is one of the states in the country that maintains a limit on the amount of money that can be awarded for non-economic damages in a medical malpractice lawsuit. Voters in the state had the opportunity in November of 2014 to increase the limit from $250,000 to a proposed $1.1 million but the measure failed in the election. Medscape recently noted, however, that this effort to change the state’s existing cap on medical malpractice damages may not be completely lost.

13-year-old California boy injured in attack by police dog

Police departments throughout California, and elsewhere, have added trained dogs to their forces. Often aiding in the discovery of evidence and the apprehension of suspects, these K-9 officers have become valuable members of their departments. The law enforcement agencies that rely on police dogs generally take steps to ensure the safety of the animals, as well as the public. This includes not allowing the dogs out of the vehicle unless they are directly involved in a police action, or are under the direct supervision of their handlers.

A police dog in Tracy attacked a 13-year-old boy recently, sending him to the hospital. The teen suffered bruises to his body and dog bite injuries to his arm in the dog attack. According to reports, he attempted to run away when the dog came barreling at him, but was unable to outrun the K-9. The teen was reportedly released after being taken by ambulance to the hospital. It was not made clear, however, whether he would suffer any scarring or require additional medical treatment as a result of his injuries.

Are energy drinks hazardous to Californians’ health?

Energy drinks, such as Monster Energy drinks, Red Bulls and Rockstar Energy Drinks, are common beverages of choice for people in San Diego, and elsewhere. Not only do people enjoy the taste of these sweet, sugar-filled beverages, they also enjoy the jolt of energy that they provide. Recent news reports and studies, however, have shown that these beverages may actually be hazardous to people’s health and could potentially cause death. According to the Center for Science in the Public Interest, there have been 34 deaths linked to the consumption of energy drinks since 2004. These wrongful deaths are, in large part, believed to be due to the significant amounts of caffeine that are found in these types of drinks.

Many people are ignorant as to how caffeine can impact the body. Caffeine acts as a central nervous system stimulant. As such, it can have a number of effects on the body. According to the U.S. Food and Drug Administration, some of the most common effects include the following:

  •        Making people feel shaky or jittery
  •        Increasing people’s heart rate or causing an uneven heart rhythm
  •        Raising people’s blood pressure
  •        Causing dehydration
  •        Making it difficult to fall asleep or stay asleep

Birth injuries may cause cerebral palsy for San Diego children

Cerebral palsy is a common medical condition affecting many people in San Diego, and throughout the U.S. It is estimated by the Centers for Disease Control Prevention that approximately one out of every 323 children in the U.S. suffers from cerebral palsy. The condition, which typically manifests early in a child’s life, impacts people’s motor skills and muscle coordination. There is still much to be learned about the exact causes of cerebral palsy, however, birth injuries appear to be a common contributing factor. 

A type of brain injury, cerebral palsy is caused by an abnormality in a child’s brain development, or by damage to a developing brain. This can be the result of any number of factors. According to the Mayo Clinic, some of the most common risk factors include the following:

  • Infant or maternal infections
  • Fetal stroke
  • Traumatic brain injuries
  • Random gene mutations
  • Lack of oxygen to the body and brain

What damages does a medical malpractice lawsuit cover?

Experiencing a medical mistake can take a physical and emotional toll on someone and even cost lives. The Journal of Patient Safety reports that medical malpractice causes as many as 400,000 premature deaths every year, and the New England Journal of Medicine notes that one in 14 physicians will face a lawsuit related to negligence.

There are serious implications following medical errors, one of which involves finances. When a physician or other member of a medical facility makes a mistake, it can lead to an increase in treatment, longer hospital stays and worsened conditions. People who choose to file a lawsuit may find that there are several types of damages that may be recovered, including the following:

California woman faces felony charge after deadly pit bull attack

A dog attack under any circumstances can be devastating, but losing a loved one is particularly tragic. In San Diego, victims who suffer a dog bite or a survivor’s family members often find justice through filing a lawsuit. In some situations, the owner of the animal may also face criminal charges, as is the case with a California woman whose pit bulls attacked and killed a neighbor.

In 2011, an elderly woman had gone outside to water her rose garden. Her husband later found her outside with a mutilated left arm and left leg. Two pit bulls belonging to the couple’s neighbor were found with blood around their mouths and on their chests. The dogs reportedly bit the woman more than 50 times and caused multiple lacerations. Due to the trauma of the event, the woman, who was 75, suffered a heart attack, later passing away after kidney failure, pneumonia and two additional cardiac episodes.

The damaging effects of serious motor vehicle accidents

A serious accident can take physical, emotional and mental tolls on the people involved as well as their families. At Nield Law Group, APC, we have seen firsthand how lives can be completely uprooted following an incident and understand how important it is to obtain the funds necessary for medical care and other items.

According to the California Office of Traffic Safety, the state saw 2,857 fatal automobile accidents in 2012. Families who lose loved ones in a crash often have to deal with financial woes in addition to their grief, as the deceased may have been the sole provider or earned a salary necessary to the family’s well-being.

When does a dog bite constitute a lawsuit?

The Centers for Disease Control and Prevention report that every year, more than 4.5 million people suffer a dog bite. In many cases, the injury is minor and requires little more than cleaning and a bandage. However, the CDC notes that nearly 900,000 of those people will require some kind of medical attention for the injuries, and roughly half of those people are children.

If you have suffered a dog attack, you might consider filing a lawsuit. Keep in mind that in order to successfully file a claim, you will have to prove that there was negligence involved and that the bite or attack caused quantifiable injury.

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